GOBIND RAM Vs. GODHA RAM

JUDGEMENT

(1.) This petition for revision is directed against the decision of the appellate authority reversing on appeal the decision of the Rent Controller dismissing the landlord's application for eviction of the tenant.

(2.) Eviction was claimed on a number of grounds, but the only ground germane so far as this petition is concerned is one of the personal necessity of the landlord. Before the Rent Controller a contention was resisted that the premises namely two rooms had been let out to the tenant on two different dates and therefore, there were to separate tenancies and thus a single petition for eviction of the tenant was not competent. This contention prevailed with the Rent Controller inspite of the fact that the landlord had conceded that the landlord bonafide required the premises for his personal use. The landlord appealed to the appellate authority and the appellate authority came to the conclusion that there was no legal bar on the landlord claiming eviction of the tenant from the totality of the premises irrespective of the fact whether they have been rented out under one rent note or two rent notes. In view of the concession of the tenant the eviction was ordered and the decision of the Rent Controller was set aside. The tenant has come up in revision to this court.

(3.) Two contentions have been raised by Mr. Sarin, the learned counsel for the petitioner. One is that the landlord cannot make a single application when the premises had been separately rented out, claiming eviction of the tenant on grounds of personal necessity and secondly that one of the rooms is a shop and, therefore, no eviction from it can be ordered.